Jurors Weigh Fate Of Man Who Fatally Stabbed Woman

September 9, 2003|By Peter Franceschina Staff Writer

The jury that convicted a homeless West Palm Beach man of first-degree murder in the stabbing death of a woman returned to the courtroom Monday to decide whether he should spend his life in prison or face the death penalty.

John "Pee Wee" Powell, 41, was convicted Aug. 28 of the first-degree murder, robbery and attempted sexual battery of Sharon Pardon, 45, in a May 2000 attack in an abandoned house north of Clematis Street. Pardon had 13 stab wounds and several defensive wounds, according to medical testimony. Powell told investigators, in a confession played for jurors, that she struggled and put up a fight.

Jurors deliberated for a full day before returning with their guilty verdicts, setting the stage for this week's penalty-phase hearing.

Prosecutor Lanna Belohlavek told jurors that Powell deserved the death sentence because of the nature of the crime. Florida law limits her to three "aggravating" factors she can cite to the jury -- that Powell was convicted of a previous violent felony, that he was convicted of murdering Pardon while trying to sexually assault her and that the killing was particularly heinous.

Belohlavek only presented three witnesses Monday morning before turning jurors over to the defense.

A medical examiner said that Pardon could have lived for 15 minutes or longer, but the doctor also conceded it could have been much shorter. Powell, who has a long history of drug arrests, was convicted of burglarizing the State Attorney's Office after work hours in 1991, when he wielded a screwdriver to get past an employee when confronted. The final prosecution witness was Katrina Ross, who told jurors about the devastating loss of her mother.

Defense attorney Michael Maher told jurors that Powell's crimes don't rise to the level of the death penalty. He said Powell endured a childhood of poverty and neglect and grew into a crack cocaine abuser.

"That was his life," Maher said.

Powell's brother, Thomas Powell -- who is to be released from prison in December on a 1997 burglary sentence -- said life was difficult for him and his siblings growing up poor. Thomas Powell said he and his brother fell into cocaine addictions.

Under the influence of cocaine, "you are not a rational thinking person," Thomas Powell told jurors.

The defense can present wide-ranging evidence against the imposition of the death penalty, including information concerning Powell's childhood and drug addiction. Jurors are expected to begin deliberating this afternoon. Their decision, which doesn't have to be unanimous, is a recommendation that goes to Palm Beach County Circuit Judge Stephen Rapp.

Peter Franceschina can be reached at pfranceschina@sun-sentinel.com or 561-832-2894.